Breast Cancer Survivors and Disability Denials

When we think of breast cancer, many of us picture pink ribbons, courageous survivor stories, and the resilience shown during treatment. But there is another, quieter struggle that often follows: the fight for recognition in the disability benefits system.

One powerful example comes from the Seventh Circuit’s decision in Parker v. Colvin (October 20, 2016)—a case that highlights how the disability system can fail survivors.

The Case: Parker v. Colvin

The claimant in Parker v. Colvin was a breast cancer survivor who endured:

• A double mastectomy in 2012

• Multiple reconstructive surgeries

• Ongoing fibromyalgia, carpal tunnel, and glaucoma

  
  

Despite this, her claim for disability benefits was denied—and the Seventh Circuit upheld that denial.

Why Was the Claim Denied?

The court’s reasoning can be broken down into three main points:

• “Doing Well” Chart Notes: By 2013, her doctors noted she was “doing well” with “no major concerns.”

• No Written Restrictions: None of her treating physicians documented specific work-related restrictions.

• Reliance on Daily Activities: The ALJ relied on positive chart notes, conservative treatment, and descriptions of her daily activities.

  
  

For the ALJ and the 7th Circuit, the absence of medical restrictions meant no disability.

The Problem with “Doing Well” Notes

Q: Does “doing well” after treatment mean a breast cancer survivor can return to work?

A: Not necessarily. Surgical success does not equal functional recovery. Survivors may still struggle with:

• Chronic fatigue

• Persistent pain

• Lymphedema

• Numbness

• Cognitive side effects from treatment

  
  

These invisible struggles often don’t appear in medical records unless doctors explicitly document them.

Lessons from Parker v. Colvin

This case underscores what advocates and attorneys must do to protect clients:

• Educate Treating Physicians: Explain why documenting functional limitations is critical in disability claims.

• Document Functional Impact: Fatigue, long-term pain, and post-treatment complications should be fully recorded.

• Challenge Overly Positive Notes: A quick “no major concerns” entry does not reflect someone’s ability to sustain full-time employment.

When medical records don’t tell the whole story, courts often assume there is no story to tell.

Advocacy Beyond Pink Ribbons

This October, as we wear pink to honor breast cancer survivors, let’s remember:

• Awareness is not just about early detection.

• It’s about recognizing long-term impacts and hidden struggles.

• Survivors deserve advocacy long after their last surgery or treatment.

  
  

To every survivor, caregiver, and loved one: we see you, we honor you, and we will continue fighting for your dignity, your rights, and your future.

🎀 You are more than a chart note.🎀 You are more than “no major concerns.”🎀 You are a survivor, and your story matters.

Got any questions? Schedule a consultation with us. I’m here to help. It’s a lot to take in, but we’ll get through it together. After all, navigating these waters is always easier when you’ve got someone to chat with.